Papers by Barbara Gagliardi
Dictionary of Statuses within EU Law
The EU legal system has taken on a significance for the status of public officers that goes well ... more The EU legal system has taken on a significance for the status of public officers that goes well beyond the limits established by the concept of 'employment in the public service' outlined by the Treaty (Art. 45(4) TFEU). The restrictive interpretation established for this concept has extended the right of free movement of workers to most jobs belonging to the public sphere in many national legal systems. As a result, the nationality restriction-which has marked the European legal culture since the formation of modern nation states-has been overcome and it has thus become necessary to make adjustments capable of implementing the principle of non-discrimination, which is a corollary of freedom of movement, in the public service. Nevertheless, there does not appear to be any 'hostility' in this obligation of openness with regard to the traditional definition of public officer that is common to European (and especially continental) legal culture. More specifically, for the definition of the status of a public officer-and the choice between a public or private law model-reference continues to be made to national legal systems, in what can be summarized as a relationship of ongoing 'indifference' between the two systems. This does not mean that the Union, and more generally European law, is incapable of influencing the rights and obligations related to this status.
Uploads
Papers by Barbara Gagliardi